CENTER FOR ETHICS AND THE RULE OF LAW​

Applying ‘just war’ theory to the war in Ukraine

Professor Jeff McMahan, member of CERL’s Advisory Council, spoke on an episode of UkraineWorld with Ukrainian philosopher Volodymyr Yermolenko about the moral principles governing war and whether the war in Ukraine is just. Jeff McMahan is Emeritus Sekyra and White’s Professor of Moral Philosophy. Read his bio here. The views expressed here are the author’s […]

Zaid advises Trump’s targets to take risk of retaliation seriously

Mark Zaid, Esq., member of the CERL Executive Board, spoked with CNN about how he is advising clients who are concerned about retaliation in the Trump administration. For some, it would be wise to leave the country in the days around the inauguration. Mark S. Zaid, Esq., is a Washington, D.C. based attorney who specializes […]

What happens to Trump’s charges now that he is President-elect?

CERL’s Claire Finkelstein spoke with Agence France-Presse about what might happen to Trump’s criminal charges now that he is President-elect. If Trump faces jail time in connection with the two cases in New York and Georgia, the sentencing could be deferred, she explains. Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of […]

Why the DOJ should drop policy shielding sitting presidents from being indicted

Special counsel Jack Smith is making moves to wind down the federal cases against President-elect Donald Trump. In an opinion for The Hill, CERL’s Professor Claire Finkelstein urges the Department of Justice to drop long-established policy that shields sitting presidents from being indicted. While intended to protect the ability of the executive branch to carry […]

It’s time to eliminate deception as an interrogation tool

Police across the country are trained to use deceptive practices when interrogating suspects. CERL Advisory Council member Mark Fallon explains in an interview with NPR that there are better techniques for questioning people, ones that build trust in the community and source accurate information through open-ended questions. Mark Fallon is the co-founder of Project Aletheia […]

Will Trump help Mayor Adams with his corruption charges?

CERL’s Professor Claire Finkelstein is quoted in The New York Times addressing the question of whether President-elect Donald Trump would help New York Mayor Eric Adams as he battles a federal indictment. Trump could derive great benefit from aligning with the mayor of a city where he has deep financial ties, she explains. Claire Finkelstein […]

A second Trump presidency could reshape constitutional norms

In an opinion for TIME, Professor Kermit Roosevelt, member of CERL’s Affiliated Faculty, examines what a second Trump presidency could have in store for constitutional norms, provisions, and judge-made law. Efforts to eliminate the 22nd Amendment, which lays out the two-term presidential limit, are unlikely to be successful, he explains. Kermit Roosevelt is the David […]

Why Trump’s campaign for a second term met such success

CERL’s Professor Claire Finkelstein shared her reaction to the Trump win with The Daily Pennsylvania, commenting on the economic issues that fueled Trump’s victory and the sorts of Republican reforms, including bans on reproductive care and tighter border policies, that might take shape under the new administration. Claire Finkelstein is the Algernon Biddle Professor of […]

Achieving accountability for torture at Abu Ghraib

The military contractor CACI is again in federal court after a mistrial in April for a case brought by three Iraqi men seeking damages for the torture they endured while detained at the Abu Ghraib prison. In an opinion for Just Security, Brig. Gen. (ret.) Stephen N. Xenakis, M.D., reflects on the danger posed by […]

Future of the rule of law under a new administration

Professor Claire Finkelstein, faculty director of CERL, joined Liane Jackson of Forbes Breaking News to discuss alleged efforts to interfere with the election, including a series of reported bomb threats linked to Russia, the importance of reinforcing confidence in the U.S. election process, and the future of the rule of law in light of the […]

Apprehension over legal questions arising from a contested election

CERL’s Claire Finkelstein spoke with Salon about Trump’s unfounded allegations of voter fraud in Philadelphia, efforts to intimidate voters on Election Day, including deceptive bomb threats, and the role that courts might play in resolving issues tied to disputed or tight election results. Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of […]

Is the Electoral College here to stay?

In a Fast Company article, Professor Kermit Roosevelt, member of CERL’s Affiliated Faculty, explains the history behind the Electoral College and argues that abolishing the system by which each state casts their designated votes in favor of a popular vote would lead to fairer elections. For more from Professor Roosevelt on the Electoral College, listen […]

Officials brace for possibility of civil unrest in the days around the election

General (ret.) Joseph Votel is quoted in a Vox article discussing the possibility of political violence in the period around the 2024 presidential election. General Joseph L. Votel, U.S. Army (Ret.), is the former Commander of the U.S. Central Command. He is a Distinguished Senior Fellow on National Security at the Middle East Institute and […]

Concern among intelligence officials about a possible second Trump term

In Foreign Policy‘s live coverage of the election, CERL Board Emeritus James Clapper, former DNI Director, shared that the intelligence community is wary of a second Trump presidency. Lt. Gen. (ret.) James Clapper is an emeritus member of the CERL Executive Board. He served as the Director of National Intelligence from 2010–2017. Read his bio here.   […]

Musk’s cash payments in connection his petition raise legal questions

CERL’s Professor Claire Finkelstein is quoted in an article by Kenny Cooper of WHYY discussing a case in which Elon Musk failed to meet his promise of supplying a registered voter in Pennsylvania who signed his petition with giveaway money. There are questions around the legality of these cash payments, she explains. Claire Finkelstein is […]

Under what circumstances can the military be deployed on or around Election Day?

In a Q&A with The War Horse, CERL’s Professor Claire Finkelstein discusses the laws governing the deployment of the U.S. military for domestic law enforcement purposes on or around the presidential election. Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy and Faculty Director of the Center for Ethics and the […]

Why election results may not be called on Election Day

CERL’s Claire Finkelstein is quoted in a Teen Vogue article explaining why the results of the presidential election may be unknown by night’s end. Delays do not imply fraud, she remarks. Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy and Faculty Director of the Center for Ethics and the Rule […]

Experts urge preparedness for potential of civil unrest surrounding the presidential election

General (ret.) Joseph Votel joined Michel Martin of NPR’s Morning Edition to discuss key takeaways from the two tabletop exercises CERL conducted to assess readiness for scenarios involving allegations of voter fraud that delay certification of election results, in one instance, and the deployment of troops to aid local law enforcement in quelling protests, in […]

What happens with Trump’s indictment trials if he wins the election?

In an unprecedented historical moment, one of the top two presidential candidates is a convicted felon in the midst of criminal trials in federal and state courts. CERL Faculty Director Claire Finkelstein and Professor Richard Painter discuss the legal repercussions if Trump wins the election, and how a win will affect his trials and U.S. […]

Examining grey legal areas ahead of Election Day

Former President Donald Trump has suggested he will deploy the military on Election Day against what he calls “the enemy from within.” In an opinion for The Hill, CERL’s Claire Finkelstein and co-author Brenner Fissell examine the legality of using troops for domestic law enforcement purposes, pointing to findings from the tabletop exercise CERL ran […]

CERL’s tabletop exercise helps prepare for worst-case election-related scenarios

In September and October 2024, CERL hosted two tabletop exercises regarding potential civil unrest around the election and inauguration devolving into violent protests potentially stopping the vote and involving the Army and the National Guard. CERL Faculty Director Claire Finkelstein, Executive Board member General (ret.) Joseph L. Votel, and event participant Congressman Mickey Edwards discuss […]

Military and veterans decry Republican lawsuits in swing states against overseas and military voting

CERL Executive Board member General Joseph L. Votel, U.S. Army (Ret.) reacts to recent lawsuits brought by Republicans in Pennsylvania, Michigan, and North Carolina regarding hypothetically fraudulent military and overseas voting through the Uniformed and Overseas Citizens Absentee Voting Act, in a Washington Post article co-authored by Amy Gardner, Jacqueline Alemany, and Dan Lamothe. General […]

Implications of Assange conviction on First Amendment and national security

CERL Advisory Council member George W. Croner discussed what the conviction of Wikileaks founder Julian Assange for violating the Espionage Act means for the future of national security, freedom of the press, and the rights and responsibilities of the media, in an episode of the Overheard podcast hosted by Philip Wasielewski of the Foreign Policy […]

Trump sells Bibles printed in China despite his own anti-China rhetoric

Tens of thousands of copies of former President Trump’s “God Bless the USA” Bible were printed in Hangzhou, China, despite years of his railing against the country’s trade practices and imposing tariffs on Chinese imports. In an article for PBS by Richard Lardner and Dake Kang, both of the Associated Press, CERL Faculty Director Claire […]

How will Lebanon be affected by an Israel-Hezbollah war?

CERL Executive Board member General (ret.) Joseph L. Votel discusses what could happen if Israel retaliates against Iran’s missile strike, along with the potential impact a war between Israel and Hezbollah could have on Lebanon, on an episode of Al Arabiya News’ Global News Today by Tom Burges Watson. General Joseph L. Votel, U.S. Army […]

U.S. helps Israel prepare for impending Iranian missile attack

CERL Executive Board member General (ret.) Joseph L. Votel comments on Iran’s impending missile strike and joint Israeli-U.S. preparations to counter the attack, along with Hezbollah’s military capabilities, the strike on Damascus, and the reality of a wider regional war in the Middle East, in an interview by CBC’s Natasha Fatah. General (ret.) Joseph L. […]

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U.S. helps Israel prepare for impending Iranian missile attack